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SOUTHERN ILLINOIS UNIVERSITY
LAW JOURNAL
Volume 29
Fall 2005
ARTICLES
Introduction to the Immigration Matters Symposium
Cindy G. Buys
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The September 11 Immigration Detentions and
Unconstitutional Executive Legislation
Raquel Aldana
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The United States government waged the war on terror in response to the
tragic events that occurred on September 11, 2001. As part of the domestic
war on terror, the U.S. government has detained thousands of civilians, a
majority of whom are foreign nationals from Arab and Middle Eastern
countries. This article focuses on the Constitutionality of these detentions
and, in so doing, asserts that the United States, and specifically Attorney
General John Ashcroft, created executive powers that facilitate the
detentions of the foreign nationals through the use of constitutionally
impermissible means. In reaching this conclusion, this article enters into a
detailed examination of the regulations and rationales used to justify the
September 11 detentions. Articles Editor, Adam Alstott
The Rhetoric of Reform: NonCitizen Workers in the
United States
Enid Trucios-Haynes
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To what extent should temporary noncitizen worker programs limit the
employment of noncitizen workers? To foster an understanding of this issue,
this article discusses immigration law reform after September 11, 2001, the
changing public view of noncitizen workers who are temporarily employed in
the United States, and the economic impact of temporary noncitizen workers.
The economic impact of noncitizen workers on the United States has become
misunderstood by the general public for many reasons including
misinformation about temporary worker visas, confusion over what a
“guestworker program” is, and misinformation about the displacement of U.S.
citizen workers by noncitizen workers. The article also considers the role
of the media in fostering such misinformation and the issue of outsourcing.
The main focus is a discussion of the L-1 and H-1B temporary worker visa
categories. The L-1 is an intracompany transferee visa and the H-1B is a
specialty occupation visa. The discussion contemplates the evolution of
these visa categories, the benefits and criticisms of each, potential misuse
of these visa categories and the harm caused thereby, corrective measures
being used, and discussions in Congress. The author concludes by noting that
current reform proposals greatly limit the use of these temporary noncitizen
worker visas. For example, the U.S.A. Jobs Protection Act Bill would require
U.S. employers to show that they have made good faith efforts to recruit
U.S. citizens before submitting L-1 visa petitions. Such initiatives will
only limit employment opportunities for noncitizens. Articles Editor, Jill
R. Atkins-Burgess
IMMIGRANTS, COPS AND SLUMLORDS IN THE MIDWEST
Guadalupe T. Luna
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The Midwest has recently seen an influx of Latino immigrants who find
employment in low wage sectors and also face poor housing and rental
conditions. Upon arrival in the country, these immigrants have few
opportunities and are forced to rent substandard housing in segregated and
over-crowded communities. There is a general lack of governmental attention
with the issues facing these immigrants. The author here recognizes two
issues primarily in regulation of landlords who provide unsound housing and
local housing ordinance law that targets minorities. This article provides
an overview of the immigrant presence in the Midwest and the disparity
issues affecting metro and nonmetro communities. It also looks at
discriminatory housing complaints affecting the Latino community and the
authorities dealing with them as a whole. Finally, the author provides an
alternative template to improve landlord tenant principles for immigrants
and promote their privacy interests. Articles Editor, Kathleen T. McCarthy
More Than a License to Drive: State Restrictions on
the Use of Driver’s Licenses by Noncitizens
María Pabón López
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In recent years, the issuance of driver’s licenses to noncitizens has become
an anti-immigrant battleground, whereby noncitizens are excluded from
obtaining a driver’s license in many, if not most, states. This is often the
case because they are undocumented, but it is also the case in some
circumstances even if they are legally present in the United States. This
Article assesses and narrates the current situation regarding states
driver’s licensing of noncitizens, both before and after September 11, 2001,
and reviews the current state driver’s legislative schemes pertaining to
noncitizens. The Article then establishes an original tripartite typology of
these legislative schemes based on the legal standards employed by the
states to grant or deny to noncitizens a license to drive. The Article
further analyzes the driver’s licensing schemes that restrict noncitizens
from obtaining driver’s licenses as a form of social control of the
noncitizens under the theories of discipline and punishment of Michel
Foucault. Using the Foucaldian frame of reference that the driver’s license
restrictions are a form of social control of the noncitizen, as well as the
original typology, the Article considers whether the three types of driver’s
licensing schemes restricting noncitizens from obtaining licenses in the
states are constitutional under the Equal Protection Clause. The Article
also traces the historical development of the automobile and the use of the
driver’s license in the United States to show the importance of driving in
our country, as well as the use of the driver’s license as a de facto
identification card in the United States. The Article concludes by
addressing the desirability and viability of existing specific proposals
regarding the driver’s license dilemma of “documenting the undocumented” and
suggesting further approaches to the current situation. The Article finally
posits that the state law political battleground regarding driver’s
licensing for noncitizens responds to a status conflict currently raging in
our country. Articles Editor, Kylie Polson.
COMMENTS
Ensuring Competent and Effective Mediators in Illinois: Uniform
Qualifications and Consumer Education
Kylie K. Polson
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As Alternative Dispute Resolution becomes a widely used form of resolving
disputes without resorting to litigation, mediation is becoming important to
the legal field. Effective mediations require competent mediators with the
experience and education to assist the parties in coming to an agreeable
solution. This comment focuses on establishing mediator qualifications, or,
alternatively, educating the consuming public about selecting a qualified
mediator. This comment proposes two alternatives for accomplishing these
goals: an Illinois Supreme Court Rule regarding certification of mediators
or a detailed consumer guide provided to disputing parties to educate them
on choosing a competent mediator for their dispute. Articles Editor, Nicole
Batchelor
CASENOTES
Video Biography Gets All Shook Up: Elvis Presley Enterprises, Inc. v.
Passport Video, 349 F.3d 622 (9th Cir. 2003)
Krissi Geary
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The popularity of rock documentaries flourished in the 1960s and 1970s when
such biographies debuted as theatrical releases. Today, documentarians more
commonly release their works as television shows or home videos, such as the
one at issue in Elvis Presley Enterprises, Inc. v. Passport Video. The
central issue in this Ninth Circuit case involved the amount of copyrighted
materials a video biographer may use without permission in a biography about
a celebrity. While years of jurisprudence have established some fair use
guidelines for print biographies, only a few courts have examined fair use
in video biographies. While the district courts in the Second Circuit have
generally found in favor of video biographers, the Ninth Circuit found the
unauthorized use of copyrighted materials in this biography violated the
fair use doctrine codified in the Copyright Act. This Casenote examines the
legal background of biographies, the application of the fair use doctrine to
such works, and how this decision will negatively impact video biographers
in the future. Requiring video biographers to obtain permission for the use
of all copyrighted materials or risk injunctions against their works could
result in the production of fewer documentaries. Furthermore, the decision
could reach beyond biographies to other areas, such as websites dedicated to
celebrities that integrate biographical information and copyrighted works.
This Casenote argues that the decision upsets the delicate balance copyright
law provides between the creator’s interest and the public’s interest in the
distribution of creative works.
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